• Doe v. New Castle County

    Publication Date: 2022-06-21
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Lauren A. Cirrinicione, Murphy & Landon, Wilmington, DE; Patrick C. Gallagher, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiff.
    for defendant: Mary A. Jacobson, Helene Episcopo, New Castle County Office of Law, New Castle, DE for defendants.

    Case Number: D69860

    Court denied dismissal of constructive discharge and whistleblower retaliation claims where transfer to work under difficult supervisor could constitute adverse employment action and where employer had failed to present evidence that it had effective process for reporting co-worker harassment.

  • O'Neal v. Ruan Transp.

    Publication Date: 2022-06-14
    Practice Area: Employment Litigation
    Industry: Transportation
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Kenneth F. Carmine, Law Offices of Kenneth F. Carmine, P.A., Wilmington, DE for appellant.
    for defendant: Nathan V. Gin, Vance E. Davis, Wilmington, DE for appellee.

    Case Number: D69853

    Partial temporary disability benefits award reversed where IAB erred in calculating the average wages for available positions identified by the credited vocational expert.

  • Thompson v. Fernbach, LLC

    Publication Date: 2022-05-03
    Practice Area: Employment Litigation
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Conner
    Attorneys: For plaintiff: James M. Thompson, Dagsboro, DE, pro se plaintiff.
    for defendant: Michele M. Subers, Patrick G. Rock, Heckler & Frabizzio, P.A. for defendants.

    Case Number: D69804

    The court found that plaintiff's complaint for retaliatory termination was barred by the statute of limitations.

  • Kroll v. City of Wilmington

    Publication Date: 2022-04-26
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Robert C. McDonald, Adrienne M. McDonald, Silverman McDonald & Friedman, Wilmington, DE for appellant.
    for defendant: Aaron C. Baker, City of Wilmington Law Department, Wilmington, DE for appellees.

    Case Number: D69797

    The court found the lower court's ruling that appellant had an adequate remedy at law based on a sua sponte finding that termination fell under the grievance procedure of the collective bargaining agreement should be reversed and remanded for the court to consider only those arguments presented by the parties. Reversed and remanded for further consideration.

  • Gonzalez v. Perdue Farms, Inc.

    Publication Date: 2022-02-01
    Practice Area: Employment Litigation
    Industry: Food and Beverage | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Green-Streett
    Attorneys: For plaintiff: James R. Donovan, Doroshow, Pasquale, Krawitz & Bhaya, Dover, DE for appellant.
    for defendant: Andrea C. Panico, Tybout, Redfearn & Pell, Wilmington, DE for appellee.

    Case Number: D69694

    The court held that the Industrial Board's decision to accept one medical expert's testimony over contradictory testimony from a different medical expert was within the purview of the Board and would not be changed on appeal.

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  • Neece v. Unemployment Ins. Appeal Bd.

    Publication Date: 2022-02-01
    Practice Area: Employment Litigation
    Industry: Retail | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Green-Streett
    Attorneys: For plaintiff: Connie Neece, pro se appellant.
    for defendant: Victoria Groff, Victoria W. Counihan; Daniel Mulveny, Department of Justice, Wilmington, DE for appellee.

    Case Number: D69695

    The court reversed the decision of the Unemployment Insurance Appeal Board that denied compensation to claimant because a pertinent document that was referred to in the hearing was "purposely disregarded when rendering it's opinion" and the document was excluded from the record on appeal by the Board.

  • Harris v. Citigroup Global Mark

    Publication Date: 2021-11-09
    Practice Area: Employment Litigation
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Donald E. Marston, Doroshow, Pasquale, Krawitz & Bhaya, Newark, DE for appellant.
    for defendant: H. Garrett Baker, Elzufon, Austin & Mondell, Wilmington, DE for appellee.

    Case Number: D69601

    The Industrial Accident Board's denial of claimant's request for continuance was not unreasonable or capricious where claimant's need for time to find a new medical expert did not constitute good cause.

  • SerVaas v. Ford Smart Mobility LLC

    Publication Date: 2021-09-08
    Practice Area: Employment Litigation
    Industry: Automotive | Software
    Court: Court of Chancery
    Judge: Vice Chancellor Will
    Attorneys: For plaintiff: Michael A. Barlow, Abrams & Bayliss LLP, Wilmington, DE; Renita Sharma, Ty Adams, Charles Sangree, Quinn Emanuel Urquhart & Sullivan LLP, New York, NY; George Gasper, Ice Miller LLP, Indianapolis, IN for plaintiffs.
    for defendant: Raymond J. DiCamillo, John M. O’Toole, Richards, Layton & Finger, P.A., Wilmington, DE; Katherine V.A. Smith, Gibson, Dunn & Crutcher LLP, Los Angeles, CA; Jason J. Mendro, Molly T. Senger, Matt Gregory, Brittany A. Raia, Rebecca Rubin, Gibson, Dunn & Crutcher LLP, Washington, DC for defendants.

    Case Number: D69529

    Plaintiffs adequately stated a claim for breach of the implied covenant of good faith and fair dealing in this wrongful termi-nation case, but the court granted defendants' motion to dismiss certain breach of contract, unjust enrichment and Wage Act claims.

  • Smith v. Scott

    Publication Date: 2021-05-19
    Practice Area: Employment Litigation
    Industry: Investments and Investment Advisory | Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: David E. Wilks, D. Charles Vavala, Wilks Law, LLC, Wilmington, DE; Douglas Albritton, Actuate Law LLC, Chicago, IL for plaintiffs.
    for defendant: Robert A. Penza, Stephen J. Kraftschik, Polsinelli PC, Wilmington, DE; Anthony C. Porcelli, Scott M. Gil-bert, Polsinelli PC, Chicago, IL for defendants.

    Case Number: D69401

    The chancery court denied defendant's motion to dismiss plaintiff's conversion, implied covenant and wage law claims, but it dismissed the claims for breach of fiduciary duty, defamation and punitive damages.

  • Lyons Ins. Agency Inc. v. Wilson

    Publication Date: 2021-05-12
    Practice Area: Employment Litigation
    Industry: Insurance
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Michael P. Kelly, Andrew S. Dupre, Janine L. Faben, McCarter & English, LLP, Wilmington, DE for plaintiff.
    for defendant: Blake Bennett, Dean R. Roland, Cooch & Taylor PA, Wilmington, DE; Lawrence V. Cronin, Smith Katzenstein & Jenkins LLP, Wilmington, DE for defendants.

    Case Number: D69391

    Employer was entitled to shift fees against employee who breached non-compete agreement and then falsely testified in the subsequent litigation regarding his motivation and the circumstances surrounding his breach.